Tier 1The services the RCN will fully derogate are:
These specific derogations do not need to be confirmed by the RCN. It is reiterated here that RCN members working within Tier 1 derogated services may still choose not to attend work and instead participate in the strike, as is their right. |
Tier 2a) In-patient areas The derogation level for staffing in-patient areas is night duty staffing levels. These derogations do not need to be confirmed by the RCN Northern Ireland Central Oversight Committee and no derogation form is required. Derogations will not be granted for day services. b) Emergency Departments including Paediatric Emergency departments The derogation level for Emergency Departments is night duty staffing levels. These specific derogations do not need to be confirmed by the RCN. |
Tier 3Community Services are derogated to Christmas Day staffing levels. These derogations do not need to be confirmed by the RCN Northern Ireland Central Strike Committee and no derogation form is required. It is expected where there is more than one union with nurses on strike, derogations will be equally shared between members from each of the unions. Any requests for staff outside of these derogations must follow the derogation process below. As part of any derogation request employers are required to identify steps taken to cover activity using non-RCN staff. |
Voluntary Mitigations/Derogations Form for Employers
Before You Begin
Submission Requirements:
Please ensure that you have read the supporting guidance sent to you in your invitation to complete this form. You will need to have authorisation and sign off from the Senior responsible person in your organisation (such as Director of Nursing) and will be asked for their details, you will also be asked to provide evidence of the need and steps you have taken to mitigate, evidence will include 'off duty rota' documentation to upload with this form.
Important Notes
- Failure to provide supporting information may result in the derogation request being rejected..
- We ask that you also submit one form per date of action and keep departments etc separate.
Public Service Standards:
Train companies provide an important public service, and some are subsidised by the Government, and should be required to maintain standards.
Derogations/Mitigations
Eligibility and IntentFor the avoidance of doubt, all eligible RCN members will be called to take part in strike action. Strike action by its nature is intended to disrupt and derogation will be used to preserve life only. Patient Safety and ServicesIn order to maintain patient safety, we expect that elective and routine procedures, treatments, and activities (utilising RCN members) will not take place on the strike date. Derogations will not be provided for those services. Derogation ProcessDerogations from the RCN are an agreement to enable members to work to “preserve life” without breaking the strike. However, members may choose not to work, even if derogation has been approved by the RCN. |
Application and RefusalFailure to follow the process the RCN has set out for requesting derogations, may lead to the requested derogations being refused. Notice and Re-ApplicationWe remind you to use the period between now and the strike date/s to give patients notice of changes to planned appointments and avoid very last-minute cancellations. After a decision has been made, if you wish to re-apply for Derogations that were rejected, please ensure that you are able to provide further evidence of need. |
Submission Timing
You will have been given a timeframe for submission, if you apply before the derogation window is open, you may find that the link is not accessible or the Employer details and dates of Action are not presented.
Further links and useful information:
Industrial Action Handbook | Employment and Pay | Royal College of Nursing (rcn.org.uk)
( See Preservation of Life and Limb box )
NICE Guidelines - Nursing Red Flags
Safe staffing | Royal College of Nursing (rcn.org.uk)
Please note, this request will not be considered without the off-duty rota attachment.
